|
If you are filing chapter 13 bankruptcy, it is important for you to make sure that you fulfill the eligibility criteria that have been set by the bankruptcy code of the United States of America. Gone are the days, when the debtor has the liberty to choose the kind of bankruptcy they should file. Now, especially after the new laws have come into effect, it is no more optional for you. Based on the results of the Means test and the credit counseling procedure, the court decides whether you are eligible for Filing bankruptcy under chapter 13.
Procedure of Filing Bankruptcy Filing bankruptcy as per chapter 13 is a systematic procedure. You first have to pass a means test and then go through a credit counseling procedure, through a government-approved credit-counseling agency. As per the new laws, it is mandatory for you to go through the credit counseling procedure at least six months before filing. If the output of the means test is more than the median income of the state, the debtor becomes eligible for this process. What Happens After Filing Chapter 13 Bankruptcy If your bankruptcy attorney manages to defend the claim in your favor, the court will allow you to continue with your business operations. The court also appoints a trustee, who will keep a watch on your business operation. Filing chapter 13 bankruptcy and getting the it granted to you will allow you to get your finances back on track, while paying the debts to the various creditors. The court will suggest you a repayment plan and you are supposed to make regular payments based on this repayment schedule, in order to your creditors in order to settle their claims. The greatest advantage for the debtor in this regard is that he or she also gets an opportunity to get the claims of the creditors reduced to a much lower amount. For example, the attorney may request the court on behalf of the debtor that the debtor is able to pay only twenty-five cents on each dollar. The bankruptcy court will look into the financial details of the debtor and if it finds things genuine, it may grant the reduced claims. However, most of the times, the decision is taken after certain negotiations with the creditors. For example, if you requested to get the claims reduced to 25 percent, the court may agree at reducing the claim to seventy-five percent. This way, we can see that filing chapter 13 bankruptcy is a great option for those, who want to continue with their business operation along with making repayments to the creditors. Filing chapter 13 bankruptcy is a great way to get your finances back on track, along with settling the various debts that you owe to the various creditors. If you are eligible for filing it under chapter 13, the bankruptcy court will suggest you a repayment plan, which you must follow under the guidance of a trustee appointed by the court. To get more information on filing process and other related issues visit filing bankruptcy. |
